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Influencer Agreement
I need an influencer agreement for a social media personality with over 50,000 followers, focusing on promoting our eco-friendly products. The agreement should include deliverables, compensation details, content approval process, and a clause for exclusivity within the sustainable products category.
What is an Influencer Agreement?
An Influencer Agreement sets out the legal terms between brands and social media personalities who promote products or services. It covers essential details like payment terms, content requirements, exclusivity clauses, and intellectual property rights under Singapore's advertising guidelines and consumer protection laws.
These contracts protect both parties by clearly defining deliverables, disclosure requirements, and performance metrics. They also address key compliance issues with Singapore's Advertising Standards Authority guidelines, including rules about honest advertising, proper disclosure of sponsored content, and restrictions on claims that influencers can make about products.
When should you use an Influencer Agreement?
Use an Influencer Agreement before starting any social media marketing campaign or brand collaboration in Singapore. This becomes essential when engaging influencers to create sponsored content, promote products, or represent your brand across platforms like Instagram, TikTok, or YouTube.
The agreement needs to be in place when your marketing strategy involves paid partnerships, product endorsements, or long-term brand ambassadorships. It's particularly important for regulated industries like finance, healthcare, or supplements, where promotional content must comply with specific Singaporean advertising standards and disclosure requirements.
What are the different types of Influencer Agreement?
- Influencer Contract: Basic agreement for direct brand-influencer partnerships, covering content requirements and payment terms
- Influencer Management Contract: Comprehensive agreement for ongoing influencer representation and campaign management
- Influencer Talent Agency Contract: Three-way agreement between brand, agency, and influencer for managed campaigns
- Influencer Barter Agreement: Specialized contract for product-exchange partnerships without monetary compensation
Who should typically use an Influencer Agreement?
- Brand Companies: Businesses seeking to promote products through social media, including marketing teams who set campaign goals and legal teams who review compliance
- Social Media Influencers: Content creators with significant followings who agree to create and post sponsored content under specific terms
- Talent Agencies: Organizations managing multiple influencers and negotiating agreements on their behalf with brands
- Legal Counsel: In-house or external lawyers who draft and review agreements to ensure compliance with Singapore's advertising laws
- Marketing Agencies: Third-party firms managing influencer campaigns and coordinating between brands and creators
How do you write an Influencer Agreement?
- Campaign Details: Outline content requirements, posting schedule, platform specifications, and key performance metrics
- Compensation Structure: Define payment terms, rates per post, performance bonuses, and product compensation details
- Compliance Requirements: Note Singapore's advertising guidelines, disclosure rules, and industry-specific regulations
- Content Rights: Specify ownership of created content, usage rights, and content approval processes
- Party Information: Gather complete business details, influencer particulars, and relevant social media handles
- Timeline Planning: Document campaign duration, content submission deadlines, and review periods
What should be included in an Influencer Agreement?
- Identification Details: Full legal names, business registration numbers, and contact information of all parties
- Scope of Services: Detailed description of content deliverables, platforms, and performance metrics
- Payment Terms: Compensation structure, payment schedule, and any performance-based incentives
- Content Guidelines: Advertising disclosure requirements, brand messaging rules, and approval processes
- Intellectual Property: Content ownership, usage rights, and licensing terms
- Termination Clauses: Conditions for ending the agreement and post-termination obligations
- Compliance Statement: Reference to Singapore's advertising standards and relevant industry regulations
What's the difference between an Influencer Agreement and an Agency Agreement?
An Influencer Agreement differs significantly from an Agency Agreement in several key aspects, though both involve marketing representation. While both documents govern promotional relationships, their scope, parties, and legal implications vary considerably under Singapore law.
- Direct Control: Influencer Agreements establish direct relationships between brands and content creators, while Agency Agreements create broader representation rights for multiple campaigns and clients
- Scope of Authority: Agency Agreements grant wider powers to negotiate and act on behalf of the principal, whereas Influencer Agreements typically limit authority to specific content creation and posting
- Payment Structure: Influencer Agreements usually specify per-post or campaign-based compensation, while Agency Agreements often include commission structures and ongoing representation fees
- Legal Obligations: Agency Agreements carry fiduciary duties and broader liability coverage, while Influencer Agreements focus on content compliance and deliverable-specific responsibilities
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